Service
• Service on individuals
o 4 (e) Serving an Individual Within a Judicial District of the United States. Unless
federal law provides otherwise, an individual — other than a minor, an
incompetent person, or a person whose waiver has been filed—may be served in a
judicial district of the United States by:
(2) doing any of the following:
• (A) delivering a copy of the summons and of the complaint to the
individual personally;
• (B) leaving a copy of each at the individual’s dwelling or usual
place of abode with someone of suitable age and discretion who
resides there; or
• (C) delivering a copy of each to an agent authorized by
appointment or by law to receive service of process.
• What counts as delivering personally in 4(e)(2)(A)? Do the papers have to come into
physical contact with the defendant or is it OK if he just sees them (e.g. they are
dropped on the ground in front of him)?
o Touching not necessary as long as defendant saw them and was aware that there
was service attempted
Ex. Defendant hides in house to avoid service, summons/complaint left at
the door and server then sees defendant come out to get it, counts as
personal service.
• How are service rules enforced?
o In the proceedings in which service was effected, if you get notice, despite
improper service, you can appear and make a motion to dismiss for inadequate
service or address improper service in answer
o If you default, you can go back to rendering court and get judgment annulled on
grounds of improper service
o Collateral attack: challenging judgment before another court
For collateral attack to work, defendant must have defaulted in the earlier
action
Defendant has waived this defense if they appear in the earlier action
Serving corporations or unincorporated associations
• 4 (h) Serving a Corporation, Partnership, or Association
Unless federal law provides otherwise or the defendant’s waiver has been filed, a
domestic or foreign corporation, or a partnership or other unincorporated
association that is subject to suit under a common name, must be served:
o (1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or
(B) by delivering a copy of the summons and of the complaint to an
officer, a managing or general agent, or any other agent authorized by
appointment or by law to receive service of process and – if the agent is
one authorized by statute and the statute so requires – by also mailing a
copy of each to the defendant...
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